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by shasta 5538 days ago
"and it gives the Supreme Court jurisdiction over its interpretation"

[citation needed]

1 comments

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office."
Right. Where's the bit about determining the constitutionality of laws? It's not spelled out
Just read Marbury v. Madison. I have no more time for a 5th grade civics lesson.
You should have revisited the situation after fifth grade. Fifth grade teachers like to simplify things. Marbury introduced judicial review. It's not in the constitution.
Good thing I never mentioned judicial review, right? Appellate reviews satisfies my statement just fine. Also, while judicial review did become reinforced after Marbury v. Madison, you'll note that the power was derived from an interpretation of the Constitution, not the court itself. That the Constitution implies judicial review is in purview of SCOTUS is a long-accepted interpretation of the Constitution.
The idea that the courts have jurisdiction over the interpretation of the constitution (as opposed to, say, each branch being independently obligated to adhere to the constitution) is judicial review, not appellate review.